UPDATE: Three Lawsuits against the City of Carmel-by-the-Sea

ABSTRACT: An Update on three lawsuits against the City of Carmel-by-the-Sea, namely Miller, Jane Kingsley vs. City of Carmel-by-the-Sea (M99513), Flanders Foundation vs. City of Carmel-by-the-Sea et al. (M99437) and Mandurrago, John et al. vs. City of Carmel-by-the-Sea et al. (H034439; Trial Court Case M97273), is presented.

• Miller, Jane Kingsley vs. City of Carmel-by-the-Sea (M99513):

Complaint Filing Date: 6/17/2009
Answer to Complaint: 7/17/2009

Case Management Conference: 12/17/2009 @ 9:00 A.M., Courtroom 15, Hon. Susan M. Dauphiné, Civil Trial Department

• The Flanders Foundation vs. City of Carmel-by-the-Sea et al. (M99437)

Petition Filing Date: 6/12/2009
Future Scheduled Actions: TBD

NOTICE OF SETTING of Time and Place for Parties to Meet and Confer
(Public Resources Code 21167.8, subdivision (a))

Date: None
Time: None
Department: None

TO ALL PARTIES & THEIR COUNSEL:

PLEASE TAKE NOTICE THAT the parties have set the time and place to meet and confer regarding anticipated issues to be raised in the litigation and shall attempt in good faith to settle the litigation and the dispute which forms the basis of the litigation, pursuant to Public Resources Code section 21167.8, subdivision (a), for July 23, 2009 at 2:00 P.M. by telephone.

Respectfully submitted,
Donald G. Freeman, Esquire

Joel Franklin

Counsel for Respondents, CITY OF CARMEL-BY-THE-SEA & CITY COUNCIL OF CITY OF CARMEL-BY-THE-SEA

COMMENT:
• According to a source involved in this matter, the City requested Flanders Foundation drop the lawsuit until after the election on the sale of the Flanders Mansion Property scheduled for 3 November 2009. Flanders Foundation declined.

ADDENDUM:
California Codes
California Public Resources Code
PUBLIC RESOURCES CODE SECTION 21165-21177
21167.8. (a) Not later than 20 days from the date of service upon a public agency of a petition or complaint brought pursuant to Section 21167, the public agency shall file with the court a notice setting forth the time and place at which all parties shall meet and attempt to settle the litigation. The meeting shall be scheduled and held not later than 45 days from the date of service of the petition or complaint upon the public agency. The notice of the settlement meeting shall be served by mail upon the counsel for each party. If the public agency does not know the identity of counsel for any party, the notice shall be served by mail upon the party for whom counsel is not known.

City Expenditures for the sale of the Flanders Mansion Property (as of June 2009 Check Register) total $ 767,281.47, including attorney fees of $391,741.89, Environmental Impact Reports costs of $247,638.90 and Economic Analysis Project costs of $67,899.72.

• Mandurrago, John et al. vs. City of Carmel-by-the-Sea et al. (H034439; Trial Court Case M97273)

Future Scheduled Actions:
Appellant's appendix and opening brief filed. Due Date: 8/21/2009

Docket (Register of Actions) Highlights:
Notice of appeal received. 7/13/2009
Received copy of document filed in trail court. 7/13/2009
Civil case information statement filed. 7/15/2009
Reporter’s transcript filed. 7/22/2009

(Sources: Monterey County Superior Court Cases and CALIFORNIA APPELLATE COURTS, Case Information, 6th Appellate District)

ADDENDUM:
Superior Court of California, County of Monterey Local Rules of Court CHAPTER 6 CIVIL DEPARTMENT, pages 87-124
Note: “It is the policy of this Court that all complaints are served, all challenges to the pleadings be heard, and the matter be at-issue no later than 180 days from the filing of the complaint. It is also the policy of this Court that all civil matter be resolved in no more than 12 to 24 months of the filing of the complaint.”

California Rules of Court

California Rules of Court, Title Three. Civil Rules (Rules 3.1 - 3.2120)